Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Lord Mott Excerpts

Tuesday 19th September 2023 Grand Committee

Moved by

[Lord Mott]

That the Grand Committee do consider the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023.

Relevant document: 47th Report from Secondary Legislation Scrutiny Committee

[Lord Mott (Con)]

My Lords, in moving this Motion, I will also speak to the Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023 and the Local Elections (Northern Ireland) Order 2023. I ask that the three statutory instruments, laid before the House on 6 July and 4 September, be approved. The changes set out in these instruments deliver on our manifesto commitment to protect the integrity of our democracy, as legislated for by Parliament through the Elections Act 2022.

I will set out the key provisions of the instruments, turning first to the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023. The Elections Act introduced a requirement to reapply for a postal vote at least every three years in Great Britain. This will help electors stay alert about the arrangements that they have in place, ensure that a person’s eligibility to vote by post is reviewed on a regular basis and reduce the risk of redundant postal ballots being issued. To make this transition as smooth as possible, this statutory instrument allows existing long-term postal voters’ arrangements in Great Britain to continue until 31 January 2026, giving those postal voters more time to make a fresh application under the new system.

Existing postal voters will be clear on when and how they need to make a new application, as electoral registration officers are required by the instrument to make those whose postal vote is due to expire aware in advance and outline the new application process. This will then remain an obligation on EROs for future postal voters. I appreciate that this will mean a change for long-term postal voters, but empowering them to stay informed and in control of their vote is a positive step. This measure will also help to prevent voters from being unduly pressured into having a postal vote and using it under duress.

There is concern that, under existing arrangements, electors can be coerced into appointing a proxy to control how they vote. The new arrangements will ensure that the scope for fraud is reduced by limiting the number of electors for whom a person may act as a proxy. The instrument therefore introduces a limit to the number of electors for whom a person may act as a proxy to four, of which no more than two can be domestic electors—that is, an elector who is not registered as an overseas or service voter. It will update all relevant prescribed forms to make sure that the new limits are set out.

This statutory instrument also introduces an identity check at the point of application or reapplication for a postal or proxy vote. The elector will be required to provide their national insurance number, which will be checked against DWP data, or, where they cannot, they will need to give a reason why as part of the application. Where an individual does not have a national insurance number, the electoral registration officer may request other specified documentary evidence or an attestation to demonstrate their identity. This process is one that electors are already familiar with and has been in place for the register to vote service since 2014.

The success of the register to vote service is an example of how we have made sure that our elections are modern and accessible. We are building on that work with this instrument. It creates a new digital route for electors in Great Britain to apply online to vote by post or by proxy. The digital service for applying for absent votes will be launched when the regulations come into force. I can assure noble Lords that, as was the case for the voter authority certificate service, the user journey and the administrator-facing portal are being carefully developed and will continue to be improved during the public beta phase to ensure that they meet the high standards expected of all government services.

The revisions of postal and proxy rules will apply to all elections reserved to the UK Government in Great Britain, as will the online application service. The proxy voting rules will also apply in Northern Ireland and the digital service will be introduced in Northern Ireland at a later time.

I turn now to the two statutory instruments making provisions specific to Northern Ireland elections. These instruments implement the same proxy limits as set out for elections in Northern Ireland. The Elections Act places a duty on the chief electoral officer to provide lists of dates of birth to polling stations in Northern Ireland for the purposes of checking a voter or proxy’s exact date of birth in specific circumstances.

These instruments ensure the protection of the sensitive personal information that the lists contain so that only the police and the courts may access them. Existing legislation allows the retention of entries on the Northern Ireland register following a canvass. This instrument extends that provision, which will avoid a cliff-edge loss of electors from the register. I assure your Lordships that data checking carried out by the chief electoral officer has given a high degree of confidence that the voters concerned are entitled to remain on the register. The Electoral Commission is supportive of extending the period of retention.

These two instruments will strengthen the integrity and security of our absent voting, while ensuring that our processes remain accessible for voters and in step with modern standards. I commend them to the Committee.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for that comprehensive introduction. We have to think about the context in which we are considering these statutory instruments. I will contain my remarks to the first one, about postal and proxy voting overall.

The context is that, just this month, the Electoral Commission’s report on the May elections noted that there had been a significant exclusion of people who wanted to vote from being able to vote by the process of voter ID. The Electoral Commission concluded that poorer people, people with disabilities and those from minoritised communities were significantly over- represented among that group. The Electoral Commission said that hundreds of thousands of people could be excluded from exercising their vote in the next general election. I note that, like many Members of your Lordships’ House in debates on the Elections Act, the commission made urgent recommendations to allow for a wider list of documents for voter ID and to allow other voters to attest to the identity of a voter who is with them at the time. In this context, can the Minister explain why, in its reflections on the election, the Department for Levelling Up, Housing and Communities failed to mention any of the Electoral Commission’s criticisms and described the rollout as “very encouraging”?

That is important in the context of these changes, which I now come to the detail of. First, under Section 3 of the Elections Act, we are looking at a time limit of three years for postal voting, when there is currently no limit. It is possible to look at this in two ways. The first is people being reminded that they have a postal vote. I am sure that some Members of your Lordships’ House have knocked on people’s doors and said, “Have you got a postal vote?”, and they reply, “Oh, I think so. I am not sure”. Obviously, people being reminded of where they are and being reminded to renew is not a bad thing. However, I also think of the many, often but not always elderly, voters who have a pattern: they know exactly what their involvement in elections is and they have been doing it for decades. This is a disruption that could see them lose their right to vote, if they are unable to leave the house to go to a polling station on polling day and they expect their postal vote to turn up, but it does not—and, the day before, they ring the council and it is all too late.

In that context, I have a specific question regarding the operation of Section 3. Will local election returning officers be able to use methods other than post? We all know that, these days, hardly anything arrives in the post except flyers and advertising leaflets. People tend to throw the whole lot in the bin sometimes. Will there be text messages and emails, or will they be encouraged to knock on doors, if they have sufficient capacity? What is envisaged about that three-year reminder?

I come to Section 6 of the Elections Act, about the limit of four on the number of proxy votes. Again, this goes both ways: you can imagine a situation where a family has genuinely sat down and agreed how they want their votes to be exercised by proxy, where this could exclude people from exercising their vote. But I also see the concerns here, so Section 6 is perhaps something to keep an eye on to see how many complaints come in and what the situation is.

Finally, because I do not get to do it very often, I welcome the Government’s move to enable absent vote applications to be made online rather than the current paper process. This is an obvious small piece of improvement. However, will the paper process remain for people who are unable to navigate the online process, as is still the case for many people? I also welcome the digital identity checks for absent voter applications. Again, that seems to be a modernisation.

Introducing the SI, the Minister said that the Government want a modern, accessible system. This SI makes a couple of small steps forward, but we cannot forget the context: hundreds of thousands of people are going to be excluded from voting in the next general election unless the Government change the arrangements for voter ID.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

The noble Lord makes a critical point. We have to make sure that these issues are dealt with in a speedy, efficient manner; otherwise, it damages democracy and people lose faith in the system.

Noble Lords have made a number of good points in this debate. I want to touch on what our in-house expert, the noble Lord, Lord Hayward, said about the idea of repetition. How do we ensure that people are getting their forms in and know whether they are on the electoral register? What are the Government doing to ensure that we can save time, be more efficient and make it easier for people to vote?

That is a number of questions for the Minister. I look forward to his response.

[Lord Mott (Con)]

My Lords, I thank everybody who has taken part in this debate for their time and incredibly valuable contributions. It is always slightly concerning for a Minister to stand here, having had only 31 years’ experience of working for a political party, when my noble friend Lord Hayward is also in the Room. I am very aware of the level of expertise and knowledge here today.

The noble Lord, Lord Bruce, mentioned regulators, the Electoral Commission and understanding the nitty-gritty of how a political campaign works and how political campaigns operate on the ground. I do not know his former election agent but I am delighted that she will be joining the Electoral Commission.

I thank my noble friend Lord Hayward and the noble Lord, Lord Khan, for passing on their best wishes to my noble friend Lady Scott; I will take them to her personally. I should also put on the record my thanks to the noble Baroness, Lady Bennett, for welcoming “some” of what the Government are currently looking to do. I am a great believer in small steps, and I am very happy that we are making some progress.

Before I respond to some of the more substantive points made today, let me say this: I believe that everybody taking part in this debate believes in democracy and fair elections. That is why we are here. I know that a number of noble Lords mentioned that in their contributions, but it is an important point to make before I getting into responding directly.

On the point from the noble Baroness, Lady Bennett, about voter ID, we are pleased and encouraged by the first rollout of voter identification in Great Britain. We are also pleased that the vast majority of voters in polling stations, 99.75%, were able to cast their vote successfully. We are incredibly grateful for the work that local authorities and other partners undertook in delivering this change.

[Baroness Bennett of Manor Castle (GP)]

I am pleased that the Minister qualified that figure by noting that it is the people in polling stations. What evidence do the Government have, or plan to gather, for people discouraged from even thinking about voting or going to the polling station? Of course, they are not included in that figure.

[Lord Mott (Con)]

I thank the noble Baroness for that intervention. I am going to make some progress in my comments. As set out in the legislation, the Government will be evaluating the implementation of voter identification to understand the impacts on the sector and electors and to aid ongoing implementation of the policy. That evaluation is ongoing and we will publish the first report of our evaluation in November. We will consider the recommendations made by the Electoral Commission as part of our evaluation.

The noble Baroness, Lady Bennett, also mentioned methods of communication. As I have just moved house and have applied to join a new register, I know that the level of communication from electoral administrators is incredibly strong, with text messages, emails and post in the more traditional way. I think we are seeing electoral registration officers around the country embracing all the different tools available to them but, in the end, how best to manage applications and contacts with electors is a decision for local EROs. From my recent experience, I know EROs have a very good understanding of how best to communicate with voters.

My noble friend Lord Hayward mentioned the burden on administrators. They do a very good job on behalf of us all. Officials have been working and will continue to work carefully and closely with the sector on planning the implementation of this policy. A first new burdens grant payment of nearly £400,000 was provided to local authorities in August for the implementation of the changes to postal and proxy voting, along with detailed methodology of how that funding allocation was made. Further grant funding will be provided in April 2024, once again supporting ongoing delivery ahead of the May 2024 elections. We have completed robust modelling of the policies, but we appreciate that introducing any new service could fluctuate. That is why we already have a process in place through which local authorities will also be able to claim additional new burdens funding retrospectively via a justification-led bid to facilitate them in carrying out new duties. We remain confident in their ability successfully to deliver these changes.

Electors can also check with their ERO if they are registered for a postal vote.

A number of noble Lords mentioned limits on proxies and whether they are necessary. The noble Baroness, Lady Bennett, saw both sides of this argument. I have a few comments to make on it. As many noble Lords will know, currently someone may act as a proxy for up to two electors and an unlimited number of close relatives in each constituency or each electoral area at a local election. This means they would potentially hold a large number of proxy votes at the same time, which clearly should not be the case. This could give rise to situations where a number of people could be coerced into appointing proxies who could then use those votes to affect the outcome of a poll. Limiting the number of people for whom someone may act as a proxy, regardless of their relationship, is a proportionate response to concerns about abuse or potential abuse of those votes.

The noble Lord, Lord Bruce, mentioned instruments relating to EU voting and candidacy rights. The instruments dealing with voting and candidacy rights will be debated by the House next month. However, I note that electoral law is excepted in Northern Ireland, while it is devolved as it relates to the Scottish Parliament and the Senedd in Wales.

My noble friend Lord Hayward talked about changes to the timeline for the transition period for existing postal voters. It is true that we originally intended to begin transition to the new arrangements this year. However, we took a decision to allow more time for voters and administrators. All existing postal voters now have until January 2026 to apply.

I turn to the comments and questions from the noble Lord, Lord Dodds, although I am very happy to write to him immediately after this debate and have further discussions about them. I note that there are concerns about the effect of the retention measures on the register and agree that the accuracy of the register and ensuring that only persons eligible to be registered are in fact registered is paramount to protect our democracy and confidence in the electoral system. However, as I mentioned, there are no concerns here that the electors being retained on the register are not entitled to be registered.